Are short-barreled rifles legal in Hawaii? (2026)
For ordinary owners, no. Section 134-8 of the Hawaii Revised Statutes prohibits making, owning, selling and acquiring rifles with a barrel under sixteen inches. A violation is a class C felony with a five-year prison term and no probation. We found no exception for a federally registered owner, so ATF's October 9, 2026 change doesn't help in Hawaii.
The short answer
- Banned under state law. HRS § 134-8(a) prohibits the manufacture, possession, sale, barter, trade, gift, transfer or acquisition of "rifles with barrel lengths less than sixteen inches."
- Mandatory prison. Subsection (d) sets a class C felony and a five-year term without probation.
- No federal-registration exception found. Subsections (a) through (e) contain none. The only affirmative defense, in (e), covers ghost guns.
- Federal law still applies on top. See "Federal process in 2026" below. A dealer can't sell where state law forbids it.
The statute
The ban is in HRS § 134-8, headed "Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties." Subsection (a) reads in part:
"The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following shall be prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; ghost guns; shotguns with barrel lengths less than eighteen inches;"
The list goes on to cannons, silencers, explosives and certain ammunition. The section's history line ends with "am L 2025, c 18, §3," so it was amended in 2025.
The text reaches well beyond owning. Making, selling, trading, giving and acquiring are all prohibited, so building an SBR or accepting one as a gift is covered too.
How Hawaii defines an SBR
The Hawaii statutes we read have no SBR definition. Section 134-8(a) simply names rifles by barrel length: sixteen inches. It says nothing in the text we read about overall length.
The federal definition (26 U.S.C. 5845) uses a 16-inch barrel line and a 26-inch overall length line. Whether Hawaii courts would read the state ban to reach a rifle at 16 inches or more that is under 26 inches overall: Not yet verified.
Penalty
Subsection (d): "Any person violating subsection (a) or (b) shall be guilty of a class C felony and shall be imprisoned for a term of five years without probation."
The legislature's annotation for the section lists a Hawaii Supreme Court holding: "Trial court is mandated to sentence defendant to a term of imprisonment without any suspension of the sentence." The cite is 69 H. 458, 746 P.2d 976 (1987).
Is legality tied to federal registration?
No. The text of § 134-8 doesn't refer to federal law or NFA registration for rifles, and we found no exception that lets a registered owner keep or make one. The only licensee-based defense, in subsection (e), is limited to ghost guns. Section 134-11(a) separately exempts state and county law enforcement officers and military members.
ATF's October 9, 2026 open letter says it stopped enforcing Form 1 and Form 4 approval and registration for SBRs, SBSs, suppressors and AOWs. Voluntary forms are still processed. That is a federal enforcement change. It does not amend the Hawaii statute, and ATF's own FAQ says state laws still apply.
We found no Hawaii Attorney General or state police statement about SBRs after October 9. How Hawaii authorities will apply § 134-8 to guns made or held after that date: Not yet verified. Our Hawaii suppressor guide covers the same section's silencer ban and the related federal dealer rule.
Hunting
Not applicable. Possession is prohibited under HRS § 134-8(a).
Other laws that interact
- Short shotguns. The same subsection prohibits "shotguns with barrel lengths less than eighteen inches," with the same penalty.
- Automatic firearms and assault pistols. Both are on the same prohibited list, with the exception for assault pistols "as provided by section 134-4(e)."
- Ghost guns. Subsection (e) gives an affirmative defense to a person who holds a current license to sell and manufacture firearms for sale under section 134-31, or who is a dealer licensed by the United States Department of Justice. It applies only to ghost gun prosecutions, not to rifles under sixteen inches.
- Pistol magazines. Subsection (c) prohibits "detachable ammunition magazines with a capacity in excess of ten rounds that are designed for or capable of use with a pistol." This matters if you are thinking about a pistol-based build.
- State licensing, permits and local rules. Not yet verified.
Braced pistols
The state statutes cited here don't mention pistol braces. See our pistol brace guide for the federal picture.
Federal process in 2026
- The making and transfer tax on SBRs has been $0 since January 1, 2026.
- ATF stopped Form 1 and Form 4 enforcement on October 9. Voluntary forms are still processed. See NFA wait times.
- Dealers use a Form 4473 and NICS check. ATF won't enforce 18 U.S.C. 922(b)(4) "Until final rules are issued."
- "For now," interstate transport still needs an approved Form 20 (18 U.S.C. 922(a)(4)).
- A dealer can't sell where state law forbids it (18 U.S.C. 922(b)(2)).
ATF says there is no automatic grandfathering if enforcement resumes. Full detail is on our SBR rules 2026 page, and you can compare states with the state NFA checker.
Checked against the official statute text on October 28, 2026.
Frequently asked questions
Are short-barreled rifles legal in Hawaii?
Does NFA registration make an SBR legal in Hawaii?
What is the penalty for an SBR in Hawaii?
Does Hawaii also ban short-barreled shotguns?
Can I bring an SBR into Hawaii?
Sources
- HRS 134-8, Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties, Hawaii State Legislature
- HRS 134-8, Hawaii State Legislature (capitol.hawaii.gov)
- ATF Open Letter, Oct. 9, 2026 (PDF)
- ATF fact sheet: NFA Guidance: Liberty and Justice for All (PDF; undated)
- ATF: Update to NFA Transfer Guidance and FAQ (page last updated Oct. 16, 2026)
- 26 U.S.C. 5845: NFA definitions
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